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Deploy the law! What is the dissolution of the international assembly?
On October 17, 2020 at 2:31 PM.
Thai police insist on compliance with international principles But human rights organizations say it is against the law.
The gathering of a new generation at Pathumwan Intersection on October 16. Riot police with shields, batons and high-pressure water vehicles were used to disperse the riots. Starting by squeezing the area He announced to the protesters to stop the demonstration in 5 minutes when the protesters did not stop, therefore, the clashes near the BTS Siam station.
Later, the police began using high-pressure water vehicles, both pure and blue water, to spray the protesters several times. By pretending to follow the “international principle”, the international principle affirmed by the Thai police, let’s see.
one.International Covenant on Civil and Political Rights (International Covenant on Civil and Political Rights: ICCPR), which Thailand signed in 1996. Article 21 states that the right to peaceful assembly is guaranteed. Restrictions on the exercise of this right are prohibited. Furthermore, it is dictated by law and simply as necessary for a democratic society. For the sake of national security or protection Public order, public health or morals or protection of the rights and freedoms of others
two.Basic principles on the use of force and arms by law enforcement officers (Basic Principles on the Use of Force and Firearms by Law Enforcement Officials) adopted by the Eighth United Nations Conference on Crime Prevention and Treatment of Defendants from August 27 to September 7, 1990 in Havana, Cuba. Article 12 defines that People have the right to attend lawful and peaceful public meetings. In which, if the use of government officials The use of force should be limited by the principle that
– If it is an illegal gathering, but it does not cause violence. Government officials should avoid the use of force. Or if it can’t be avoided Use in moderation
– If it is a rally that provokes violence Government officials may use weapons. If other less dangerous measures cannot be taken
3.Code of conduct for law enforcement officers (Code of Conduct for Law Enforcement Officials) certified by United Nations General Assembly Resolution 34/169 of December 17, 2522, Article 2 establishes that in the performance of the functions of government officials. Officers must respect and protect the human dignity and human rights of all people.
And in article 3, the use of force by public officials can only be carried out in case of absolute necessity and for the purpose of fulfilling their functions.
Four.United Nations Human Rights Guidelines on the Use of Lethal Weapons in Law Enforcement The OHCHR United Nations Human Rights Guide on Less Lethal Weapons in Law Enforcement) has clearly defined the methods for using each type of weapon:
– Water cannons or water cannons designed for the purpose of breaking packages. To protect property or stop violent behavior
In general, water cannons should be used in situations that seriously affect public order. This is very likely to result in death, serious injury, or severe vandalism on a “unique” scale.
Preparation for the use of water cannons must be well planned. And it should be used under strict instructions. Overseen by senior officials
The water cannon should not be used to shoot high-level people. In a way that is at risk of secondary injury (secondary injury) other risks Including shock due to hypothermia from cold water in cold weather conditions AND the risk of slipping and falling OR being injected against the wall Using water cannons requires results nonspecific. It cannot be used for a specific person.
– The use of chemical irritants should be used remotely against the group of people who participate in violence. Its purpose is to spread the word about protesters and prevent violence.
The use of irritating chemical bullets should not shoot people. Hitting the face or head can cause life and physical injury. And it should not be used in closed areas or where there is no adequate ventilation. Do not use chemical irritants with high levels of hazardous substances.
For the dissolution of the assembly, it must be the dissolution of the assembly process. From the lightest to the heavy
1. A warning must be issued before the dissolution of the protest takes place. When announcing it, the crowd must know and understand it thoroughly.
2. When the warning was announced, it did not appear that the assembly would disband. (By allowing a reasonable amount of time) the officer can advise that if it does not voluntarily dissolve. Staff must use water to spray the crowd.
3. If the protesters have not disbanded Officials should announce the next step with the use of tear gas. Use non-hazardous tear gas That is, it should be the type that people who are exposed to tear gas can relieve irritation on their own.
4. When the above procedure does not work There will be a warning that the referees may have to use a stick to control the crowd. Wearing a club can only be used if the crowd refuses to disintegrate. And the use of the mace should hit the area that is not dangerous.
5. If the crowd does not seem to disappear There should be a clear warning about the use of firearms with net and rubber ammunition, respectively. And it took time for the protesters to decide to dissolve the assembly.
6. If the situation is not good AND is expected to be more violent Officials may declare that live ammunition is needed. But it must be used for self-defense OR protect the lives of other people in very imminent danger, and officials must try to keep a distance between themselves and the protesters.
7. If you really need to shoot The shot should be aimed at a low level. And targeting the most violent crowd.
8. First aid departments should always be prepared to take the injured to the hospital.
World reaction after the dissolution of the assembly
The Asian Council for Human Rights and Development (FORUM-ASIA) said it declared a serious emergency. Arbitrary detention AND dissolution of the Thai government assembly does not comply with international human rights law that respects the right to freedom of expression and peaceful assembly. The government’s action has been to silence protesters who are trying to demand reform, which is what most people want.
Human Rice Watch stated that the use of high pressure water vehicles by the police against peaceful protesters goes against international human rights standards.
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